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Brazil2024-12-11pt

Institui o Sistema Brasileiro de Comércio de Emissões de Gases de Efeito Estufa (SBCE); e altera as Leis nºs 12.187, de 29 de dezembro de 2009, 12.651, de 25 de maio de 2012 (Código Florestal), 6.385, de 7 de dezembro de 1976 (Lei da Comissão de Valores Mobiliários), e 6.015, de 31 de dezembro de 1973 (Lei de Registros Públicos).

Summary

Brazil has enacted Law No. 15,042 on December 11, 2024, establishing the Brazilian Emissions Trading System (SBCE). This system aims to create a regulated market for Greenhouse Gas (GHG) emissions, utilizing Brazilian Emission Allowances (CBEs) and Verified Emission Reduction or Removal Certificates (CRVEs), each representing 1 tCO2e. The SBCE will be implemented in five phases, with the initial regulatory phase lasting 12 to 24 months, followed by a 1-year operationalization period and a 2-year monitoring-only phase for operators. Companies emitting over 10,000 tCO2e annually must monitor and report, while those above 25,000 tCO2e must reconcile their emissions. Revenues from the SBCE will be allocated with at least 15% for operational costs, 75% for the National Climate Change Fund to finance decarbonization investments, and 5% to compensate indigenous and traditional communities for their conservation efforts, for a period of 5 years. Penalties for non-compliance include fines ranging from 3% to 4% of gross revenue for legal entities and up to R$ 20 million for others, with specific provisions for indigenous communities to receive 50% to 70% of generated credits. Additionally, insurance companies and similar entities must annually acquire at least 0.5% of their technical reserves in environmental assets.

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